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Home My WebLink AboutORD 907ORDINANCE NO. 907 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND ROYCE INTERNATIONAL INVESTMENTS CO. FOR A HEALTH AND WELLNESS RESORT KNOWN AS PORTOFINO ON 75 ACRES SOUTHWEST OF PORTOLA AND COUNTRY CLUB DRIVE. WHEREAS, the City Council of the City of Palm Desert, California, did on the 11 th day of February, 1999, hold a duly noticed public hearing to consider the request by ROYCE INTERNATIONAL INVESTMENTS CO. for the project described above; and WHEREAS, the Planning Commission by its Resolution No. 1912 has recommended approval; and WHEREAS, the Development Agreement is consistent with the goals of the Housing Element of the General Plan and the intent and purpose of the Senior Overlay of the Zoning Ordinance to provide specialized housing to meet the needs of a growing senior citizen population; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact has been prepared; WHEREAS, at said public hearing, City Council heard and considered all testimony and arguments of all interested persons. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That Development Agreement, Exhibit "A" attached hereto, is hereby approved. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. ORDINANCE NO. 907 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 25thday of February , 1999, by the following vote, to wit: AYES: Benson, Crites, Ferguson, Kelly, Spiegel NOES: None ABSENT: None ABSTAIN: None SHEILA R:-GILLIGAN,/C City of Palm Desert; Ca Ity Clerk ifornia ROBERT A. SPIEdEL, Maor 2 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: City Clerk's Office City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 FOR THE BENEFIT OF THE CITY OF PALM DESERT - NO FEE - 6103 OF THE GOVT. CODE 146910 RECEIVED FOR RECORD AT MAM APR - 7 1999 = oOft R.00� Fen _— (This Space for Recorder's Use Only) (Title of Document) e 146910 ORDINANCE NO. 907 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND ROYCE INTERNATIONAL INVESTMENTS CO. FOR A HEALTH AND WELLNESS RESORT KNOWN AS PORTOFINO ON 75 ACRES SOUTHWEST OF PORTOLA AND COUNTRY CLUB DRIVE. WHEREAS, the City Council of the City of Palm Desert, California, did on the 11 th day of February, 1999, hold a duly noticed public hearing to consider the request by ROYCE INTERNATIONAL INVESTMENTS CO. for the project described above; and WHEREAS, the Planning Commission by its Resolution No. 1912 has recommended approval; and WHEREAS, the Development Agreement is consistent with the goals of the Housing Element of the General Plan and the intent and purpose of the Senior Overlay of the Zoning Ordinance to provide specialized housing to meet the needs of a growing senior citizen population; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-1 S," in that the Director of Community Development has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact has been prepared; WHEREAS, at said public hearing, City Council heard and considered all testimony and arguments of all interested persons. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That Development Agreement, Exhibit "A" attached hereto, is hereby approved. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. ORDINANCE NO. 901 1461910 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 25th day of February , 1999, by the following vote, to wit: AYES: Benson, Crites, Ferguson, Kelly, Spiegel NOES: None ABSENT: None ABSTAIN: None SHEILA R,--GILLIGAN City of Palm Desert, Ay Clerk [ifornia _WtlG., '<� 7 - ROBERT A. SPIEGEL, MaVor EACH DOCUMMEMT TO WHICH THIS CERTIFICATE 15 ATTACHED, IS CERTIFIES T0' BE A FULL. TRUE AN CORRECT COPY OF THE OF46MAL 00 FILE An QN REC090 IN MY OFFICE. Ostsd- �_ F. 2 ORDINANCE NO. 907 ^ �. 146910 EXHIBIT A SENIOR HOUSING DEVELOPMENT AGREEMENT ROYCE INTERNATIONAL THIS AGREEMENT is entered into this 25th , day of February ,1998, between Royce International (hereinafter "Property Owner") and the City of Palm Desert, (hereinafter "City"), a municipal corporation organized and existing under the laws of the state of California. RECITALS This Agreement is predicated upon the following facts: A. Government Code Sections 65864-65869.5 authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; B. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted approval of a precise plan (PP 98-21) to construct a health club and wellness resort for seniors, 288 apartments, 182 casita units, 161 bed skilled nursing facility, 150 bed assisted living facility and zone change to senior overlay; C. The DEVELOPER has applied for precise plan approval pursuant to Chapter 25.52 of the Zoning Ordinance, Senior Housing Overlay District which allows for significant 3 ORDINANCE NO. 907 146910 density increases in return for building specialized housing designed and restricted to residents over age 62 years; D. The City Council of City has found that the development agreement is consistent with the General Plan and Senior Overlay; and NOW, THEREFORE, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "City" is the City of Palm Desert. (b) "Project" is the development to be constructed in the City pursuant to Precise Plan 98-21. (c) "Property Owner" means the person having a legal or equitable interest in the real property as described in paragraph (3) and includes the Property Owner's successor in interest. (d) "Real Property" is the real property referred to in paragraph (2). (e) "Useful Life of the Project" is the greater of thirty (30) years or the period of time which the Project remains habitable, with reasonable care and maintenance, as determined by City. (f) "Senior Citizen Household" means a maximum two person household of which all members are 62 years of age or older. 2. Description of Real Property. The real property which is the subject of this_Agreement is described in Exhibit A. 3. Interest of Progeny Owner. Property Owner represents that he has a full legal and equitable interest in the Real Property and that all other persons holding legal or equitable interests in the Property are to be bound by the Agreement. ►.1 ORDINANCE NO. 907 146510 4. Assignment. The rights of the Property Owner under this Agreement may be transferred or assigned; however, Property Owner will remain responsible for all obligations under this Agreement unless the written consent of the City is first obtained, which will not be unreasonably withheld. 5. Binding effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors in interest to the parties to it. 6. Relationship of parties. It is understood that the contractual relationship between the City and Property Owner is such that the Owner is an independent contractor and not the agent of the City. 7. Agreement by Property Owner and City. (a) Property Owner has been conditionally granted permission by the City to construct a health club and wellness resort for seniors, 288 apartments, 182 casita units, 161 bed skilled nursing facility, 150 bed assisted living facility and zone change to senior overlay on the PROPERTY by Precise Plan 98-21 Planning Commission Resolution No. . Chapter 25.52 requires senior projects to set aside 25% of total project units as units affordable for very low, low and moderate income senior households. These affordable units are required in exchange for substantial density bonuses (project units in excess of base zone density) which have historically ranged from 10 to 20 additional units per acre. The project is receiving a density bonus of 3.17 units/acre or 243 of the 625 total project units. In consideration for the relatively small density bonus being granted, the 25% affordable requirement shall be applied only to the 243. The project's affordable housing requirement shall therefore be established at 61 units. ORDINANCE NO. 907 146910 (b) Due to the unique range of services provided by the PROJECT, in -lieu of the requirements above the Property Owner shall provide: 1. Payment of $12,000 per affordable unit totaling $729,000 to the City to be used for the purpose of providing very low, low and moderate income senior housing. Payment shall be made in increments to the City prior to obtaining a building permit(s) for the project at the rate of $1,166 per unit. Fees shall be paid at time of Certificate of Occupancy for the assisted living and skilled nursing. (c) Property Owner shall not discriminate on the basis of race, color or creed, sex, or national origin. be 62 years old, (d) Age limits. The minimum age for all PROJECT occupants shall (e) Change in Project. No change, modification, revision or alteration may be made in the approved precise plan without review and approval by those agencies of the City approving the plan in the first instance. A change, modification, revision or alteration in the approved precise plan in not effective until the parties amend this AGREEMENT to incorporate it. (f) Hold Harmless. Property Owner agrees to and shall hold the City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Property Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the PROJECT. Property Owner agrees to and shall defend the City and its officers, agents, employees and representatives from actions for damages caused or alleged A ORDINANCE NO. 907 146910 to have been caused by reason of Property Owner's activities in connection with the PROJECT. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operation referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications or both for the PROJECT. Property Owner further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of the DEVELOPMENT AGREEMENT. (g) Periodic Review of Compliance with Agreement. i. City Planning Commission shall review this DEVELOPMENT AGREEMENT whenever substantial evidence exists to indicate a possible breach of the terms of this AGREEMENT. (h) Amendment or Cancellation of Agreement. This DEVELOPMENT AGREEMENT may be amended or canceled in whole or in part by mutual consent of the parties and in the manner provided for in Government Code, Sections 65868, 65867 and 65867.5. (i) Enforcement. Unless amended or canceled as provided in paragraph (j), this DEVELOPMENT AGREEMENT is enforceable by any party to it notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or building regulations adopted by City which alter or amend the rules, regulations or policies governing permitted uses of the land, density, design, improvement and construction standards and specifications. 7 ORDINANCE NO. 907 ,-Oft%. 140910 (j) Events of default Property Owner is in default under this AGREEMENT upon the happening of one or more of the following events or conditions: i. If a warranty, representation or statement made or furnished by Property Owner to City is false or proves to have been false in any material respect when it was made; ii. A finding and determination by City made following a periodic review under the procedure provided for in Government Code, Section 65865.1, that upon the basis of substantial evidence Property Owner has not complied in good faith with any of the terms or conditions of this AGREEMENT. iii. Property Owner's failure to maintain the Real Property in substantially the same condition as it exists on the date that City issues the Certificate of Occupancy with respect to the PROJECT or to restore promptly in a good and workmanlike manner any building which may be damaged or destroyed. iv. Property Owner's failure to appear in and defend any action or proceeding purporting to affect the rights or powers of City under the terms of this DEVELOPMENT AGREEMENT, and to pay all costs and expenses, including attorneys' fees in a reasonable sum, in any such action or proceeding in which City may appear. (k) Procedure upon default. If, as a result of periodic review, or other review of this AGREEMENT, the Planning Commission or City finds and determines, on the basis of substantial evidence, that Property Owner has not complied with the terms or conditions of this AGREEMENT, the Commission shall notify the Property Owner or successor in interest as to the specific nature of noncompliance, and describe the remedies required to achieve compliance. Property Owner has thirty (30) days upon receipt of E3 ORDINANCE NO. 907 146910 notification to take remedial actions. If Property Owner fails to take remedial action within thirty (30) days, the Planning Commission of City shall recommend to the City Council of City that this DEVELOPMENT AGREEMENT be modified, terminated, or that the remedies set forth in this paragraph be exercised by the City. If the City Council of City concurs with the recommendation of the City's Planning Commission, the City Council may modify this Development Agreement, terminate this DEVELOPMENT AGREEMENT, or may employ one or more of the remedies set forth in this paragraph. Proceedings before the City Council shall be by noticed public hearing pursuant to Chapter 25.86 of the Municipal Code of the City of Palm Desert. In the event of a default, City may employ one or more of the following remedies, in its sole discretion: i. City may revoke all previous approvals, entitlements and permits granted by the City to Property Owner with respect to this PROJECT and the subject Real Property. ii. City may pursue all other legal or equitable remedies City may have under California law or as set forth in this DEVELOPMENT AGREEMENT and City shall be entitled to specific performance and enforcement of each and every term, condition and covenant set forth herein. (1) Damages upon Cancellation, Termination of Agreement. In no event shall Property Owner be entitled to any damages against the City upon modification, termination of this DEVELOPMENT AGREEMENT or exercise by City of its rights under this DEVELOPMENT AGREEMENT. ORDINANCE NO. 907 140910 (m) Attorney's fees and costs. If legal action by either party is brought because of breach of this AGREEMENT or to enforce a provision of this AGREEMENT, the prevailing party is entitled to reasonable attorneys' fees and court costs. (n) Notices. All notices required or provided for under this DEVELOPMENT AGREEMENT shall be in writing and delivered in person or sent by certified mail, postage prepared. Notice required to be given to City shall be addressed as follows: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260. Notices required to be given to Property Owner shall be addressed as follows: 249 Las Entradas Drive, Santa Barbara, CA 93108. A party may change the address by giving notice in writing to the other party and therefore notices shall be addressed and transmitted to the new address. (o) Rules of Construction and Miscellaneous Items. i. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. ii. If a part of this AGREEMENT is held to be invalid, the remainder of this AGREEMENT is not affected. iii. If there is* more than one signer of this AGREEMENT their obligations are joint and several. iv. The time limits set forth in this AGREEMENT may be extended by mutual consent of the parties in accordance with the procedures for adoption of an agreement. 10 ORDINANCE NO. 907 146910 (p) Duration of Agreement. This AGREEMENT shall expire only upon total destruction of the apartment project which is the subject of this DEVELOPMENT AGREEMENT. (q) Applicable Law. This AGREEMENT shall be construed according to the laws of the State of California. (r) Severability. If any portion of this AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. (s) Authority. Each of the parties hereto covenants and agrees that it has the legal capacity to enter into this AGREEMENT contained herein, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. 11 ORDINANCE NO. 907 146910 IN WITNESS WHEREOF this DEVELOPMENT AGREEMENT has been executed by the parties on the day and year first above written. Approved as to form. A z 6, City A or ey A X STATE OF CALIFORNIA) COUNTY OF ) 4AU'P CITY OF PALM DESERT A Municipal Corporation !/M110 On this day of 199 , before me, a Notary Public in and for said State, personally dppeared / oir 14CAM known to me or proved to me on the basis of satisfactory evidence t be the person who executed the within instrument on behalf of , and acknowledged to me that VI(/ execuked the same. CAROLY7NM iIES COMM ft59981 NOTARY PUBLIC . SAN A GARBARA COLMr, MY Commu. Exp. Oct 30,200, 12 ''Order -No: 8223312 -K 2 Ordinance No. 907 DESCRIPTION `6 t-7-XN113IT- .rI - I �5k. I 146910 NORTHEAST QUARTER SMITH THE SOUTHERLY LINE OF THE NORTH 44.00 FEET OF SAID NORTH HALF OF THE NORTHEAST QUARTER; THENCE NORTH 89- 41' 21" EAST ON SAID SOUTHERLY LINE, 474.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89. 41' 21" EAST ON SAID SOUTHERLY LINE, 1,915.84 FEET; THENCE SOUTH 000 IS' 39" EAST, 51.00 FEET; THENCE SOUTH 45- 03' 40" EAST, 238.94 FEET; THENCE SOUTH 89. 48' 41" EAST, 40.00 FEET; THENCE SOUTH 000 11' 19" WEST, 527.55 FEET ON THE WESTERLY LINE OF THE EASTERLY 50.00 FEET OF SAID NORTH HALF OF THE NORTHEAST QUARTER; THENCE SOUTH 89. 44' 56" WEST, 20.00 FEET PARALLEL TO THE SOUTHERLY LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER; THENCE NORTH 82. 59' 14" WEST, 158.18 FEET; THENCE SOUTH 89- 44' 56" WEST, 537.18 FEET PARALLEL TO SAID SOUTHERLY LINE; THENCE NORTH 76- 41',36" WEST, 114.99 FEET; THENCE NORTH 59. 50' 14" WEST, 237.21 FEET; THENCE NORTH 890 SS' 28" WEST, 172.50 FEET; THENCE SOUTH 78- 18' 13" WEST, 371.24 FEET; THENCE SOUTH 690 22' 39" WEST, 85.35 FEET; THENCE SOUTH 600 30' 00" WEST, 150.15 FEET; _ THENCE NORTH 290 30' 00" WEST, 34.54 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 330.00 FEET; THENCE NORTHERLY ON THE ARC OF SAID CURVE FOR THE ARC DISTANCE OF 354.65 FEET; THENCE NORTH 32. 04. 33" EAST, 89.80 FEET; THENCE NORTH 57- 55' 27" WEST, 150.76 FEET; THENCE SOUTH 890 41' 21" WEST, 255.00 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER; THENCE NORTH 00" 18' 39" WEST, 231.00 FEET TO THE TRUE POINT OF BEGINNING; SAID LAND IS ALSO SHOWN AS PARCEL B OF CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 13, 1989 AS INSTRUMENT NO. 434349 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPT 1/16TH OF ALL COAL, OIL AND GAS AND OTHER MINERAL DEPOSITS, AS RESERVED TO STATE OF CALIFORNIA IN PATENT ISSUED JULY 2, 1929 RECORDED NOVEMBER 28, 1949 IN BOOK 1127 PAGE 42 OFFICIAL RECORDS OF RIVERSIDE. COUNTY, CALIFORNIA. OF XWO-12M/91 AA Order No: 8223312 -K�"` DESCRIPTION 146910 1 Ordinance No. 907 (-T PARCEL A: PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 5 THAT 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL SOUTH, RANGE PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER WITH THE SOUTHERLY LINE OF THE NORTH 44.00 FEET OF SAID NORTH HALF OF THE NORTHEAST QUARTER; 21" EAST ON SAID SOUTHERLY LINE, 474.12 FEET; THENCE NORTH 89. 41, THENCE SOUTH 00' 18' 39" EAST, 231.00 FEET; 255.00 FEET PARALLEL WITH SAID SOUTHERLY LIKE; THENCE NORTH 89. 41' 21" EAST, THENCE SOUTH 570 55' 27" EAST, 150.76 FEET; 89.80 FEET TO THE BEGINNING OF A CURVE CONCAVE THENCE SOUTH 32- 04' 33" WEST, EASTERLY HAVING A RADIUS OF 330.00 FEET; SAID CURVE FOR AN ARC DISTANCE OF 354.65 FEET; THENCE SOUTHERLY ON THE ARC OF THENCE SOUTH 29. 30' 00" EAST, 34.54 FEET; THENCE NORTH 600 30' EAST, 150.15 FEET; THENCE NORTH 690 22' 39" EAST, 85.35 FEET; THENCE NORTH 760 18' 13" EAST, 371.24 FEET; THENCE SOUTH 89- 55' 28" EAST, 172.50 FEET; THENCE SOUTH 59- 50' 14" EAST, 237.21 FEET; THENCE SOUTH 760 41' 36" EAST, 114.99 FEET; 537.18 FEET PARALLEL WITH THE SOUTHERLY LINE OF THENCE NORTH 89. 44' 56" EAST, SAID NORTH HALF OF THE NORTHEAST QUARTER; THENCE SOUTH 820 59' 14" EAST, 158.18 FEET; 20.00 FEET PARALLEL WITH SAID SOUTHERLY LINE TO A THENCE NORTH 89- 44' S6" EAST, LINE OF THE EASTERLY 50.00 FEET OF THE EASTERLY LINE OF POINT ON THE WESTERLY SAID NORTH HALF OF THE NORTHEAST QUARTER; ON SAID EASTERLY LINE, 533.01 FEET TO A POINT ON THE THENCE SOUTH 00. 11, 19" WEST OF SAID NORTH HALF OF THE NORTHEAST QUARTER; SOUTHERLY LINE THENCE SOUTH 88- 44' S6" WEST, 2,601.17 FEET ON SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF SAID NORTH HALF OF THE NORTHEAST QUARTER; LINE OF SAID NORTH THENCE NORTH 00. 14' 15" EAST, 1,278.91 FEET ON THE WESTERLY HALF OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING; SAID LAND IS ALSO SHOWN AS PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 13, 1989 AS INSTRUMENT NO. 434349 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPT 1/16TH OF ALL COAL, OIL AND GAS AND OTHER MINERAL DEPOSITS, AS RESERVED TO STATE OF CALIFORNIA IN PATENT ISSUED JULY 2, 1929 AND RECORDED NOVEMBER 28, 1949 IN BOOK 1127 PAGE 42 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL B: THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID NORTH HALF OF THE OCK3= - INW/fl AA "din,avice No. 907 o°a ' c s Y chi � 2 q �l h S h Cl _ / b I i c v F r it 910